Trate

(HC) Mickling v. Trate

Bad Law
United States District Court, Eastern District of CaliforniaMarch 15, 20221:22-cv-00010California457 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MAURICE MICKLING, No. 1:22-cv-00010-SKO (HC) Petitioner, ORDER DIRECTING CLERK OF COURT TO

ASSIGN DISTRICT JUDGE TO CASE

v.

FINDINGS AND RECOMMENDATION TO

WARDEN TRATE, DENY MOTION FOR DEFAULT Respondent. [Doc. 9] 16 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On March 10, 2022, Petitioner filed a motion to enter default judgment. (Doc. 9.) Petitioner contends that Respondent failed to file an answer in compliance with the Court’s order of January 5, 2022, which had directed Respondent to file an answer within sixty (60) days. Petitioner is incorrect because on March 4, 2022, Respondent requested and was granted an extension of 45 days within which to file an answer. (Docs. 7, 8.) As the deadline to file an answer was extended, Petitioner’s motion for default judgment must be dismissed. The Court notes that even if…

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